Law Practice Management Asked and Answered Blog

Category: Strategy

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Oct 26, 2011

Competitive Strategy for a Personal Injury Plaintiff Law Firm in Today’s World

Question:

We are a five attorney personal injury plaintiff firm in the central Missouri. In the last few years we have gone through tort reform, increase competition from other law firms doing extensive advertising, and now trying to weather the recession. From a profitability standpoint – we are holding our own. However, we are concerned about the future. What are your thoughts for firm such as ours?

Response:

We are hearing this question quite often and have provided some thoughts in past blogs and articles.

The majority of our PI law firm clients are advising that they are having to work much harder at getting clients and investing more heavily in marketing – both time and money. PI firms were feeling the most of these challenges before the recession. However, the recession may accelerate the pace with which law firms reevaluate existing processes and consider new business models. PI firms may want to begin by:

1. Develop a firm strategic plan and individual attorney marketing plans which include aggressive network/contact plans for past clients, attorney referral sources (non PI attorneys), attorney referral sources (other PI attorneys), and other referral sources.

2. Evaluate the feasibility of adding an additional practice segment to reduce the level of risk in the case portfolio and reduce cash flow variability.

3. Reduce case portfolio risk and improve case profitability by implementing a case intake system whereby all new cases over a specified level of projected case value are reviewed and approved by the partnership (or a client intake committee) in order for the case to be accepted by the firm. In other words – don't let one attorney expose the entire firm to either excessive levels of case risk or case investment (time and client cost advances) without other partners having a say on the matter.

4. Analyze the profitability and return on each case and ascertain what can be done differently on future cases. Metrics might include effective rate, return on LOADSTAR, dollar case profit after allocation of all appropriate firm overhead, etc.

5. Review and measure present marketing investments (time and money) and determine what is working and what is not. Reallocate resources if appropriate.

6. Insure that you are using an appropriate mix of marketing tools in your program.

7. Consider increasing marketing investments (time and money). Suggest a marketing budget be developed in the range of 8-12 percent of fee revenue. Also suggest that non case production (non-billable) time be budgeted for business development and marketing activities as well.

8. Look into defensive advertising.

9. Insure that you have a first-class website that goes deep and demonstrates expertise.

10. Maintain a yellow page presence – but gradually reduce investment and shift into website and other online vehicles.

11. Find ways to enhance the client's experience and deliver exceptional client service.

12. Use exceptional client service and bedside manner as a primary means of differentiating you from your competitors. Under Promise – Over Deliver in everything you do for the client.

13. Make your office client friendly.

14. Use end-of-case satisfaction surveys to measure the client's experience with the firm and to improve future service.

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John W. Olmstead, MBA, Ph.D, CMC

Sep 21, 2011

Law Firm Strategic or Long Range Plans – Why Does a Small Firm Need One?

Question:

I have a small firm in Indianapolis. I am the only attorney in the firm and I have three staff members. I have been in practice for 30 years. I have been reading your posts on strategic planning. Why do I need one for a small practice such as mine?

Response:

A strategic or long range plan serves as the roadmap for your practice. When you go on vacation do you head out without a map, plan or your GPS. Probably not. The same should be true for your practice. A plan defines who you are, where the firm should be heading, and how you get there. It helps focus you as well as your staff and improves productivity, accountability, and alignment with your goals. It identifies what work your firm does (or sometimes more importantly) what it does not do. In essence it outlines what services your are selling, to who, and where. Your plan then lists out the steps you should be taking to move to your desired future.

I have seen solo practitioners time after time reach their 60s and realize that if they had it all to do over again they would do things differently. Often they have completely failed to put in place solid succession strategy and realize no value for their sweat equity when they retire. A plan or roadmap can help direct your efforts over the years.

The important thing is to it keep your plan simple and update it often. Ten pages or less – in outline form. I have seen excellent one page plans. When circumstances change – change it. Review it every month.

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John W. Olmstead, MBA, Ph.D, CMC

Jul 12, 2011

Expanding Law Practice into Insurance Defense

Question:

I am an 11-year attorney practicing at a small firm on the west coast. We currently focus on business litigation, employment litigation, corporate formation, bankruptcy, wills and trusts, and personal injury. We are trying to expand our practice into the area of insurance defense.  To that end, I have been sending out correspondence to insurance companies offering my services in defense of general liability, property/casualty, and employment practices claims.  My goal would be to develop a regular stream of business from these types of cases, and to cross-market our other services to clients that come through insurance defense referrals. I am not sure if I am going about this the right way, and would like to seek your counsel.

Response:

In all honesty I  have more firms asking how to diversify out of insurance defense into more self-insured and direct representation work. If you want to pursue this market you will need to become part of the club and do more than just dabble in this area. You will have to get on the "approved lists" of the various insurance companies. Once you are on these lists you have to entice claims manager to use you as opposed to other law firms that are on their approved lists. In other words establish relationships with numerous claims manager throughout the company. This is harder than it used to be due to policies that many companies now have prohibiting various forms of networking such as dinners, gifts, ball games, etc. Now days it seems that educational venues is one of the few formats that is not frowned upon. You may also find that some companies reluctant to work with a firm your size. I have advise by insurance companies that they like to see a certain level of bench strength (backup). The firm does not have to be a large firm but often the insurance company likes to see a minimum of four or five lawyers in a firm. You will have to have a track record of success, understand the business, and be able to accomodate the unique billing (including electronic LEDES billing), case management, and reporting requirements that insurance companies require.

Here are a few ideas to get started:

  1. Become involved in every possible organization that involves insurance claims, ACCA, and other such groups.
  2. Join and become actively involved in these groups.
  3. Ofter to give speeches and presentations to these groups.
  4. Develop relationships with news reports and have an effective public program that insures that you get all the PR you can when you have successful outcomes in your cases.
  5. Speak at ACCA and RIMS (Risk Insurance Management Society) conferences.
  6. Form alliances with bigger regional and national insurance defense firms.
  7. Research target companies and make application to get on their approved lists.
  8. Obtain listings in Best and Martindale.
  9. Have a quality website that demonstrates expertise and a e-newsletter that provides information that will help claims managers and adjuster be more successful.

Good luck on your journey.

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John W. Olmstead, MBA, Ph.D, CMC

Jun 28, 2011

Model For Sustaining a Law Practice: Managing the S Curve

Question:

In a recent firm meeting the question was raised as to whether law firms hit a wall when they run up against new competitors, new technologies, new business models, or when their talent peaks. Is there a general model  of sustaining a law firm?

Response:

The mechanics of managing a law firm are too complex to address in this forum. It would be better to discuss what to tell you what to look for that tells you, well in advance of a fee revenue plateau, that your practice needs some work. Once you know where your practice is getting wobbly, then you will have a clearer idea of how to fix the mechanics.

We tell our clients that they are on an "S-Curve" in which slow and steady growth often occurs at the start of the law practice, followed by gaining momentum and rapid growth, then tapering off as practice areas get saturated or competitors enter the practice areas in which the firm is engaged. Watch these components for advance warning:

  1. Competition – any practice area attractive to you will also attract other law firms, so monitor new entrants starting to chip away at your clients.
  2. Capabilities – you created or bought some new technology, skills or other assets to start your firm/growth, but the distinctiveness of these eventually wears off and they are likely to be available to competitors once their value is clear.
  3. Talent – you had it when you started your firm, but attorneys and staff have become "free agents" and increasingly move between law firms more frequently and you may lose a key asset.

There may be other components unique to your practice and market. The point is that there is more than meets the eye in a simple growth curve. Figure out exactly what assets and activities are part of your particular growth and watch each one, as well as how each component affects the others (e.g., a departure of talent from your firm to a competing law firm, along with knowledge of specific major case or a key technology is a triple blow.)

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John W. Olmstead, MBA, Ph.D, CMC

Jun 21, 2011

Using Effective Firm Meetings to Improve Accountability and Boost Productivity

Question:

Our firm used to have weekly firm meetings to discuss management and operational issues. We discontinued them due to the excessive time being spent and questionable results and value. Now we are finding that we are totally unfocused and having problems with poor accountability and things falling through the cracks.  We are now considering starting up weekly meetings again but want to insure that we do a better job of managing meetings than we did in the past. What are your thoughts?

Response:

Before scheduling a meeting consider the purpose of the meeting. In general there are the following four types of meetings:

  1. Strategy Meetings are rich group discussions involving strategy and planning sessions, brainstorming, group budgeting, marketing, or financial planning. These meetings are effective when everyone understands the purpose and the ground rules.
  2. Reporting Meetings consist of one person informing the others in the room and sharing of information. These meetings are valuable only if the news is meaningful to most of the attendees. There may be Q&A and discussion, and different people may report out during the same meeting. These meetings should be structured.
  3. Status Meetings are often low in value and you should keep them sort. Attorneys and other team members need to share information and brief sessions are effective at keeping the team on the same page. Consider stand-up meetings – where literally, everyone is standing. It keeps the meetings short. Require agendas.
  4. Dilemma or Issue Meetings where just a few of the participants engage in detailed problem solving, are inefficient. Don't drag the whole group into dilemma or issue meetings. If your meeting is headed this direction deflect it for one-on-one time.

Meetings work best when they have:

  1. An agenda – for reporting and status meetings.
  2. A meeting chair or facilitator – who helps the attendees stick to the agenda.
  3. Meeting minutes – listing decisions, action items, and due dates – sent to all participants shortly after the meeting.
  4. Ground rules – especially for strategy meetings.

Take charge of meetings. Unmanaged meetings are time wasters.

You might want to start with short weekly status meetings using the format outlined above. Conduct reporting meetings on a monthly basis and strategy meetings on a quarterly basis or annual using a off-site retreat format.

Start slow and go from there. Push for accountability and results.

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John W. Olmstead, MBA, Ph.D, CMC

Jun 07, 2011

Implementing Law Firm Strategic Plans: Accountability and Follow-Thru

Question:

Our firm is a 25 attorney business litigation boutique firm in Southern California. I am a partner in the firm and chair of the firm's long range planning committee. Last year we spent a lot of time putting together a strategic plan for the firm. While we have a nice plan including specific action items - we are having problems with implementation. We are stuck and not getting anything done. What are your thoughts?

Response:

This is a common problem. Even in corporate america the implementation rate is low.

Many law firms experience similar results. They spend time and energy on mission, vision, goals, objectives and strategies but run out of gas when it comes to specific action planning outlining tasks, milestones and deadlines, individual specific accountabilities, and resource requirements. You just can't cut this step short. All strategic plans should include action plans that list under each strategy specific tasks with milestones, deadlines/due dates, name of person(s) responsible, and required resources. Consequences, compensation, etc. should be tied to task accomplishment or non-accomplishment.

I suggest that the strategic action plan for the firm be considered a project and incorporate:

  1. A project definition (charter)
  2. A project plan
  3. A project control system including progress measurement, communication, and correction action.

Status should be reviewed at committee meetings on a monthly basis and at firm meetings on a quarterly basis.

Often we suggest that Excel be used for the action plan segment of the strategic plan with columns for strategies and tasks and sub-tasks, person responsible for task accomplishment, start date, due date, date completed, completed by, and resources required.

In larger firms or for more complex action plans with multiple people responsible we suggest that an online project management system be used to manage the action plan. Many of our clients use either www.teamworkpm.net or www.basecamp.com. Some firms have practice management system capable of performing project management functions.

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John W. Olmstead, MBA, Ph.D, CMC

May 17, 2011

Law Firm Strategic Plan vs Business Plan

Question:

I am the firm administrator in our firm. We have 24 attorneys and are just transitioning to the 2nd generaton of partners. I have been charged with obtaining information on strategic/business planning. Currently the firm does not have a strategic or business plan. What is the difference between a strategic plan vs a business plan? Do you have a recommendation as to whether we should consider implementing a business plan or a strategic plan?

Response:

Often the term strategic plan and business plan are used to mean the same thing. The general planning process is similar. However, I believe there is a difference.

I consider a business plan to be the primary tool of choice when starting a new business or venture. Typically the audience is external – bankers, investors, prospective partners, etc. Due to the external nature of the audience the business plan document needs to be detailed with supporting narrative, company history, market analysis, marketing strategies, personnel plan, management biographies, and pro-forma financial statements.

A strategic plan is typically the tool of choice for a going concern business or firm – such as an existing law firm such as yours. The intended audience is internal and its primary purpose is to focus the efforts of firm members and employees. Much less narrative and supporting detail is required. A strategic plan uses more of an outline format with bullet points and much less narrative and supporting detail. A strategic plan in small firms is often ten pages or less and consists of the following sections"

The key is to keep it simple and develop a plan that will actually get used, focus the firm's efforts, and hold specific people accountable.

I believe that what gets planned – what gets measured – is what gets done.

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John W. Olmstead, MBA, Ph.D, CMC

May 11, 2011

Using Legal Project Management to Improve Law Firm Profitability

Question:

I am the managing partner of our firm of 17 attorneys. Our practice is concentrated in insurance defense litigation. In an effort to provide the best services possible and differentiate ourselves we have been discussing whether we should implement a project management system. I have been reading more lately about legal project management and hearing more about it. Do you have any thoughts along this line?

Response:

Legal project management has become the hot topic of late and we are seeing articles, workshops, and seminars on the topic. Over the years project management has evolved into its own discipline with its own jargon, tools,  methodologies, software, etc. Project management as a discipline can become quite technical and complex. Many of the techniques such as PERT and CPM came from the department of defense and were initially utilized to manage projects such as the Polaris Submarine and space projects. The construction industry makes extensive use of project management techniques.

Considering that a legal matter is a project, particularly a large litigation matter, with many moving parts there has been a push by clients and an effort by law firms to look for ways to improve the management of matters and related resources, costs, timelines, etc. and to improve and streamline the overall process. Legal Project Management is a customized approach to matter management borrowing and applying some of the principles of project management and incorporating into a simpler and leaner model. Numerous workshops, training seminars, and publications are being offered on the topic.

The Hildebrandt Instute if offering a workshop in Chicago on June 21-22, 2011. Here is a link to more information on the workshop.  Here is a link to more information on the workshop. Ark Group also has a new publication out called – Project Management for Lawyers as well. Another good book, which can be ordered from Amazon, is Legal Project Management: Control Costs, Meet Schedules, Manage Risks, and Maintain Sanity, by Steven Levy.

As more clients push for improved processes and outcomes in the area of matter management and force various forms of fixed-pricing – law firms will find they need to utilize more sophisticated tools to ascertain matter risks, price services, and manage matters.

So I suggest you at least begin to evaluate some of the tools and approaches being used and get educated on them. However, be careful of getting into overly complex approaches and methods that are simply trying to push generic project management for it's own sake.

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John W. Olmstead, MBA, Ph.D, CMC

May 03, 2011

Law Firm Strategy: Where to Start

Question:  I am the Executive Director of a 75 attorney firm in Miami. We are meeting in a few months to revise our strategic plan. Some of our partners have suggested that as a result of the current business and economic climate that we start with a clean sheet of paper. Where should we start? What do you see as the key questions that we should be addressing?

Response:

Strategic planning is essentially a five step process. The first step begins be asking questions. Start by asking the following questions:

  1. What substantive issues does the firm face today?
  2. What issues will the firm face tomorrow?
  3. How has technology impacted (or will impact) how the firm conducts business and delivers services to clients?
  4. What are we doing and doing well?
  5. What are we not doing well?
  6. What do we need to improve or enhance?
  7. What metrics will tell us how we are doing?
  8. What should be eliminated?
  9. What are we not doing that we should be doing?
  10. What kind of training will we need to plan for?
  11. What demands are clients likely to make?
  12. What opportunities are we missing?
  13. What mistakes have been made recently by other law firms? Failed firms? Dissolved firms?
  14. What resources are we wasting by defending the past?
  15. What wheels have already been invented?
  16. How would we define our existing culture?
  17. What might our culture become?
  18. What makes us unique?
  19. What potential profitable areas (practice areas) are we overlooking?
  20. What are we doing to encourage creativity?
  21. What kind of uniqueness will we need in the future?
  22. What can we do to shape future outcomes?
  23. What do we want to be known for?
  24. What will future clients want?
  25. What is our existing vision?
  26. What form will future competitors take?
  27. What market trends should be we be paying attention to?
  28. What is our competitive edge?
  29. How can we expand our markets?
  30. What are our priorities?
  31. What are our values?

So take your time – remember strategic planning is a process – not a one-time event. The process is as important as the final plan itself. Don't try to get it done in a day or over a weekend. Rome was not built in a day. 

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John W. Olmstead, MBA, Ph.D, CMC

Mar 29, 2011

Marketing a Personal Injury Plaintiff Practice

Question:

I am a partner in a five attorney PI plaintiff law firm in Central Kentucky. We have three partners and two associates in the firm. We are first generation. Our practice is focused 100% on PI plaintiff cases. While we focus on all types and sizes of PI cases we are not a high volume advertising PI practice. Our practice has been built upon our successes and referrals from past clients and other lawyers. We have never done much in the way of other forms of marketing and advertising other than a small yellow page ad and a Martindale Hubbell listing. We are finding it harder to obtain a sufficient quantity of quality cases as a result of increased competition from the advertising PI firms, statutory changes, tight fisted insurance company claim managers, etc. We believe that we may need to being doing more to market our practice. What are your suggestions?

Response:

We are hearing similiar stories from our PI plaintiff law firm clients across the U.S. Case counts are down, quality of cases are not what they used to be, competition is fierce, and cases are getting harder to settle. The strategy is different from a firm that wants to build a high volume practice (build a factory) from a firm that desires to build a reputation-based practice. In essence you need to determine whether you want to build a high volume practice (a factory) or continue with a high quality reputation-based practice. Assuming that you want to continue your reputation-based practice here are a few suggestions:

  1. Develop a long range strategic business plan – 10 pages or less
  2. Enhance and broaden the firm-wide marketing program to increase market awareness (referral sources and potential clients) and generate new client business. Review ROI from the firm’s marketing expenditures. Consider increasing marketing budget to 5%-10% of fee revenue.
  3. Develop the firm’s marketing infrastructure to include:

–    Adequate budget
–    First Rate Web Site
–    Appropriate directory listings
–    Inside Marketing Coordinator
–    Relationship Management Database
–    Capability Materials
–    E-News Letters via Service
–    Articles
–    Testimonials
–     Public Relations
–     Accountability by all attorneys and staff

4.    Develop a program for increasing the firm’s exposure to the newer younger generation non-PI and solo attorneys and small firms.

5.    Provide excellent client service

6.   Keep your yellow page ad for now but reduce investment

7.  Understand the power of PR in Trial Strategy.

8. Develop a formal lead tracking process and invest in resources

9. Organize to maximize contact with potential clients.

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John W. Olmstead, MBA, Ph.D, CMC

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